Accident Investigation - The Legal Perspective: Minimize Inadvertent Liability and Maximize Effectiveness

摘要

While the objective of every safety professional is the prevention of accidents, the wellrounded professional must unfortunately prepare for and when required, effectively execute, major accident investigations. However, often overlooked in the rush to investigation and evaluate an accident incident, are the actions a safety professional can perform that ultimately create or exacerbate legal liability where none previously existed. Since employer and third party liability for injury and harm is based upon a combination of legal concepts, regulatory requirements, and case law, the effective safety professional must understand both the legal obligations and responsibilities of accident investigation, and the use of experts in any resulting litigation. Moreover, the safety professional must be aware of and sensitive to, both the benefits and risk of being classified as a safety or accident "expert" and conduct the accident investigation accordingly.